'Context missing,' says former Saint John Harbour official disparaged in election case

The former returning officer for the riding of Saint John Harbour says he bears no ill will toward anyone after testimony in the court challenge of the election results revealed he was almost removed from his job two weeks before the September 24 vote.

Pat McCaffrey was described as "technically challenged," during June 25 cross-examination of election clerk Tammy Dunlop, the No. 2 person in the riding returning office.

Dunlop had been subpoenaed to testify in the court challenge of the results in the riding, which was won by Liberal Gerry Lowe by just 10 votes over Progressive Conservative candidate Barry Ogden.

Ogden requested a recount, which upheld the election results.

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He then launched a court challenge, alleging 78 cases of voting irregularity. Lawyers are expected to make their final arguments July 30 and 31 in the case presided over by Justice Hugh McLellan.

Skills questioned

Dunlop testified that McCaffrey, who is 72, had difficulty using a laptop, email, a photocopier and faxes, and delegated many of those tasks to her.

She said New Brunswick's chief electoral officer, Kim Poffenroth, suggested she could replace the returning officer and someone else could be brought in to do her job as election clerk.

Dunlop did not say how she responded to the suggestion, but McCaffrey remained in his position throughout the election and the recount that followed.

McCaffrey had expected to testify in the trial but in the end was not called and did not get an opportunity to respond to the testimony. 

He is a lawyer and former officer with the Canadian Armed Forces Judge Advocate General. After he retired from the military in 2003, he moved to the Netherlands to work as a civilian with NATO before retiring for good in 2010.

He told CBC News he knows quite well how to do email but has long used his smartphone rather than a computer for such correspondence.

He also said he knows how to make photocopies but admits he's never owned a laptop.

1st election as returning officer

"I'm not that old, and I intend to hit 100," McCaffrey said. "And will my computer skills improve? Probably not. I don't spend my day on the computer."

McCaffrey had never worked an election before last fall.

He said he appointed Dunlop as election clerk because of her previous experience as an election worker and her technical skills.

"Compared to my own, she's a superstar. There's no question on that sort of thing."

Testimony in the Saint John Harbour election challenge wrapped up June 25, and lawyers will make final arguments July 30.

McCaffrey said there was no fraud involving Elections New Brunswick staff in the riding.

He expects the outcome of the trial will put many things in perspective.

"Context means so much in these things. Thankfully, the judge is sitting there and he understands the context. Mr. Justice McLellan has been around elections for quite some time."